Home / Arts and Entertainment / Top Gun Heirs Take Copyright Fight to Supreme Court
Top Gun Heirs Take Copyright Fight to Supreme Court
17 Jul
Summary
- Heirs of 'Top Gun' article author appeal case to Supreme Court.
- Lawsuit claims Paramount owes royalties for 'Top Gun: Maverick'.
- The appeal highlights differing copyright law interpretations.
Heirs of Ehud Yonay, who penned the 1983 "Top Guns" article that inspired the original "Top Gun" film, are appealing their dismissed lawsuit against Paramount Pictures to the Supreme Court. A federal judge had previously rejected their claim that Paramount should have renegotiated its film rights for the sequel, "Top Gun: Maverick." The core of the appeal lies in a circuit split regarding how courts determine 'substantial similarity' in copyright cases.
The Ninth Circuit, where this case originated, employs a two-step test involving an 'extrinsic' dissection of components followed by an 'intrinsic' overall assessment. This contrasts with other circuits that examine similarity holistically without the initial dissection. The heirs argue this disparity creates unequal treatment for copyright holders in entertainment-heavy regions.
The lawsuit, initially filed in June 2022, asserts that the copyright was legally reclaimed in 2018, and the "Top Gun" sequel, being a derivative work, violates this claim. Paramount has not yet responded to requests for comment. A third "Top Gun" film was officially confirmed by Paramount in 2026.
